These Terms and Conditions (“T&C” or “Terms” or “Agreement”) serve as a binding legal agreement between you (“You/Your”, “Subscriber”, or “Customer”) and SysNet Integrators, Inc. (“SysNet”, “WebFone”, “We”, “Us” or “Our”), a company established under laws of the Philippines.
These Terms serve as a basis to define our rights and responsibilities in using the WebFone Services (“Service/s” or “WebFone Services”). There may be instances where You may be using services provided or offered by third party content owner who may or may not be our affiliate. In any case, the use of such service is governed by a separate and specific agreement(s). These Terms shall not apply to such separate agreement(s).
Please carefully read these T&C which covers the general description of the Service/s including, the services We offer, user experience, coverage and all our legal rights and responsibilities necessary for our mutual interest. By using the WebFone Services, You recognize and/or waive any right or requirement under applicable laws requiring non-electronic signatures as a formal requirement to enter into contracts. Otherwise, we request You to cease using the WebFone Services. You recognize and agree that minors below 13 years are not allowed to use the WebFone Services. You also confirm that You represent that You are of legal age and authorized to enter into contracts under applicable laws. IF YOU ARE BELOW 13 YEARS OLD, PLEASE STOP USING THE SERVICE/S. IN THE EVENT YOU ARE A MINOR (E.G. BETWEEN 13 TO 18 YEARS OLD), YOU WARRANT THAT YOU ARE REPRESENTED BY YOUR PARENT OR ANY LEGAL GUARDIAN IN THIS T&C.
You express Your full acceptance and conformity to these T&C in any of the following instances regardless of your formal acceptance thereof:
PLEASE DO NOT DO ANY OF THESE THINGS IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS. SERVICES
1) WEBFONE SERVICE
WebFone is an alternative, non-traditional and internet-based communication service designed to call the Philippines. WebFone has been designed to provide You with high quality VOIP services to the Philippines. It is designed for offshore Filipinos like You. Your non-Philippine number will serve as your account number in using the WebFone services.
Other than providing us with your non-Philippine mobile number, there is no need to subscribe to Your local telecommunication service provider as a condition for using the Service. Except to tup-up your PIN, no other prior purchase is required to use the WebFone Services. The Services can be accessed through any Device subject to the provisions of this T&C. However, You may be required to purchase subscriptions to use the Premium Calls IDD Buckets to initiate calls.
EMERGENCY CALLS – No Emergency Calls on WebFone. Depending on several factors such as your Internet Service Provider and Location, Services may be restricted and may not be available. The Service is not a traditional telephone service or a replacement to your primary Telephone Service. You need to make additional arrangements in order to access emergency services.
You expressly acknowledge the service limitation described above and agree to continue to make alternative arrangements for your EMERGENCY CALL needs.
2) USING THE SERVICE AND CREATING AN ACCOUNT
Registration is required before You can use and enjoy the WebFone Services. You will be required to provide, among others, your first name, last name, mobile Number or email address upon registering and creating an account. Other than Your mobile number, We will not access any information submitted to your telecommunication provider.
The Service requires for its use, a pre-paid load of value through Top Up Pin from authorized WebFone retailers. Each Pin entitles You to make calls to the Philippines based on the minutes allowed. After value is loaded into the WebFone account such value shall be valid for a specific period of time as displayed in the WebFone mail list. The WebFone electronic Personal Identification Number (“PIN”), Top Up Pin and Data are neither refundable nor redeemable for cash either in part or in full.
3) LICENSE FOR PERSONAL USE OF WEBFONE
On the condition that You faithfully comply with this T&C, SysNet issues and provides You with a limited, unassignable, non-exclusive and royalty-free license to access and use the WebFone website in your Device for your personal use. No other license is hereby given to You except as to what has been clearly and expressly set forth in this T&C. For the avoidance of doubt, this license does not in any way transfer to You any proprietary or intellectual property rights owned or licensed to SysNet, its affiliates, subsidiaries, and/or third-party providers.
WebFone is intended solely for Your personal use. Your account is not intended for multiple users. It is Your responsibility to maintain the confidentiality of Your account details such as user information and PIN. Please inform Us immediately if You discover that Your account was accessed by a third party. We reserve the right to suspend Your account if We, in Our opinion, believe that a third party is attempting to access WebFone using Your account. However, SysNet shall not be held responsible if a third party is able to access your account due to your negligence in maintaining the confidentiality of Your account details. SysNet shall not be liable for any loss, injury or damage arising from the termination or suspension of Your service or from the unauthorized access of Your account due to your negligence. You may request Us to reactivate Your account if it was terminated due to unauthorized access by a third party.Notwithstanding the foregoing, You are prohibited from performing any of the following acts:
4) THIRD PARTY CONTENT
WebFone allows You to access publicly available content which are mainly Filipino-centric (“Third Party Content”), if any. We do not exercise any proprietary or intellectual property rights in any Third Party Content. You may access the Third Party Content using the WebFone website at Your own discretion and risk. When accessing the Third Party Content, You are authorizing WebFone to redirect You to the desired Third Party Content. You recognize and agree that You are fully responsible and assume all forms of risk arising from the access or use of any Third Party Content.
By visiting and/or using any Third Party Content, You understand that SysNet and WebFone shall not be liable for, and You hereby hold Us free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever arising from accessing the Third Party Content. Moreover, You agree to hold SysNet and WebFone free and harmless and fully indemnified for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from accessing any Third Party Content.
We disclaim any form of liability arising from accessing or using any Third Party Content. The availability of any Third Party Content in the WebFone website shall not be construed as an endorsement of any content. You recognize that the Third Party Content is owned by third parties who may not necessarily be related to SysNet. We do not warrant that the Third Party Content is accurate, error-free, updated or readily available. We may, at our discretion, remove any Third Party Content. Nothing in this T&C allows or authorizes you to use the Third Party Content in a manner that infringes the copyright or intellectual property rights of the Third Party Content owners. You are aware that Third Party Content owners may exercise legal and other equitable remedies to protect their copyright and other intellectual property rights in the Third Party Content.
5) DATA USAGE AND CHARGES
In order to use WebFone, You need to have access to the internet. You are responsible for any Data or internet usage charges imposed by your local telecommunication operator for using WebFone. In using WebFone, You will also consume the data allocation provided by your regular internet or data service subscription. In the alternative, You may also use WebFone through a reliable Wi-Fi Connection. AS WEBFONE IS HIGHLY DEPENDENT ON THE INTERNET, YOU AGREE THAT THE QUALITY OF OUR SERVICE IS DEPENDENT ON THE QUALITY OF YOUR INTERNET OR DATA CONNECTION. SYSNET INTEGRATORS INC., ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUPPLIERS (COLLECTIVELY “SYSNET”) ANY OF THE SYSNET DIRECTORS, OFFICERS OR EMPLOYEES CANNOT BE HELD LIABLE FOR YOUR FAILURE TO USE THE SERVICE. WE CANNOT GUARANTY THAT THE SERVICE WILL BE ERROR-FREE.
QUALITY OF SERVICE AND MAINTENANCE
WebFone will use reasonable efforts to provide SERVICE with minimum disruptions. However, WebFone cannot guarantee that the SERVICE will always function without disruptions, delay or other problems. Since WebFone operates over public internet lines and the PSTN over which it has no control, there may be power outages, or internet service disruption and you may experience disruptions, ex. packet loss and delay which will interfere with the quality of your call.
WebFone may change technical features in order to keep pace with the growing demands of users and available technologies or to comply with applicable laws. WebFone may also have to fix, improve or upgrade the WebFone platform and this may require us to restrict access during technical upgrades.
6) MISUSE OF THE SERVICE
You are prohibited from Misusing the Service. The term “misuse” shall include (but not limited) to the following circumstances:
Apart from terminating Your service, We reserve Our right to exercise other remedies available under law and equity, including injunctive relief for any misuse of the Service without the need to establish damages. We may conduct an investigation if we believe You are Misusing the WebFone Service.
7) COMPLIANCE WITH LAWS
We recognize that there are certain jurisdictions which prohibit the use of VOIP or any internet telephony services. If You belong to such jurisdictions, We ask that You desist from using the WebFone Service. Otherwise, We presume that Your existing laws do not prohibit You from using the WebFone Service.
You agree to indemnify Us and our group of companies in full and on demand from and against any loss, damage, costs or expenses which we or they may suffer or incur directly or indirectly as a result of the breach of any these Terms.
We reserve the right to suspend or terminate Your account if, in our sole and reasonable opinion, we determine that the use of the WebFone is for an immoral, illegal or unlawful purpose, or violates these Terms or may affect our network or equipment.
8) SERVICE AVAILABILITY AND UPDATES
Given the nature of the Service/s, We do not guarantee that it will always be available in a particular area or that it will be error free. There may be instances of unavailability of Service due tophysical factors beyond Our control such as, but not limited to, weather/climate, structures, geographical terrain, topography, signal strength, traffic volumes, and technical limitations which may affect actual service, quality and availability. Your Device may also affect the quality of service. You understand and agree that We shall not be held liable for any complaints or problems caused by Service availability or quality.
To further improve the security, safety, provisioning of the Service/s, We may remotely update or change any applications, software, systems or features of WebFone (System Update) without any prior notice. Such System Updates may modify Your Device and could delete any and all data You have stored on Your Device. It may likewise alter Your usual user experience of the WebFone website. The Service/s may be suspended and unavailable during a System Update. Any update may also be a condition for your continued use of the WebFone website.
You need to use a computer or smartphone (collectively “Device”) with a working Internet browser to access WebFone. You may use any Device to access WebFone provided it meets the minimum qualifications required by the WebFone website. SysNet does not endorse any Device to be used in accessing WebFone. WE DO NOT WARRANT THAT WebFone WILL WORK IN YOUR DEVICE. You assume full responsibility for and shall not hold SysNet and WebFone liable for any and all risk of loss, damage or destruction of the Device as a result of using WebFone shall be. We reserve the right to disallow You from using a Device if we believe that its use may potentially harm other users or the WebFone website.
In using Our Service, You agree that We (including any third-party calling on our behalf) may contact You for any service related purpose within reasonable business hours, using any convenient means such as but not limited to email or SMS message.
Third Party Content may include promotions and advertisements from owners of Third Party Content. You are solely responsible for your dealings, communication and transactions with any Third Party Content owners. We accept no responsibility for advertisements found within the WebFone website. If You agree to purchase goods and/or services from any third party who advertises in WebFone, the same is done at Your own risk. We are not responsible for such goods and/or services and if You have any queries or complaints in relation to them, Your only recourse is against the advertiser.
You commit and undertake to indemnify defend and hold Us (including Our subsidiaries, parent company, affiliates, suppliers, vendors, third-party provider or licensors) free and harmless from any action, claim, award, suit losses, damages, fines, penalties, costs, and/or expenses (including, without limitation, attorney’s fees) arising out of or in relation to Your actions including but not limited to the use of the WebFone Service/s, or violation of this Agreement or any law or policy cited in this Agreement, any applicable law or regulation, or the rights of any third party. You shall be fully and exclusively responsible for any information or material You transmit, or any act (or inaction) associated with the use or access of any Third Party Content in violation of these Terms. We shall not in any way be liable for any loss or damage as a result of Your failure to protect Your passwords or any account information.
Unless expressly provided in this Agreement, We do not make any representations or warranties, express or implied, including any implied warranty of non-infringement, merchantability, or fitness for a particular purpose on any services You obtained from Us or any warranty arising by usage of trade, course of dealing or course of performance. We cannot promise that the Services will be uninterrupted or error-free. Neither will We authorize anyone to make such warranties on Our behalf. Even so, this does not operate as a waiver of the right to claim against other persons who may have made such unauthorized representation resulting in damage or loss to SysNet or WebFone. The WebFone Service/s will always be on an “as is” basis with “all faults, errors, and defects.” It is also impossible for Us to guarantee that WebFone will be private or secure; while it is illegal for unauthorized persons to pry or intercept Your personal communication or retrieve Your personal information, We cannot guarantee that the same will not happen.
14) LIMITATION OF LIABILITY
To the fullest extent allowed by law, any and all claims against Us (or Our subsidiaries, affiliates, suppliers, vendors, third-party providers, parent company) shall be limited to (i) P10, 000.00, (ii) maximum amount set by law, if any; or (iii) Your actual direct damages, whichever is lower. You agree that this limitation shall apply regardless of the grounds of Your claim including breach of contract, negligence, tort, fraud or any other source of legal claim. Neither are We (or our subsidiaries, affiliates, suppliers, vendors, third-party providers, parent company) liable for any incidental, consequential, punitive or special damages of any nature whatsoever arising out of or related to providing or failing to provide any Service and/or the Device. You recognize that We are not responsible or liable for any claims not attributable to Us such as any of the following circumstances:
15) INTELLECTUAL PROPERTY
You recognize that the “WebFone”, and all other trademarks used in the WebFone Service are exclusively owned by or licensed to SysNet. Except as provided herein, nothing in this Terms can be construed as granting any license to use, copy, modify, reverse engineer, assert a claim, assign, sell, or register any of Our intellectual property. A violation of this provision may result to irreparable injurywhich cannot be fully remedied by pecuniary award. Thus, We shall be entitled to immediate injunctive relief in addition to all other remedies available for any violation of this provision. We however do not claim any form of ownership, interest or right in any Third Party Content found in the WebFone website.
17) SUSPENSION AND TERMINATION
You may terminate Your WebFone account anytime by giving Us at least 30 days notice in writing at _________________. You are also considered to have terminated the Service (once terminated your information will be deleted from the database) if:
We reserve the right, in Our sole and reasonable discretion, to suspend or terminate Your account without any liability in any of the following circumstances, You:
We may also suspend or terminate the Service or any portion thereof for any System upgrade or any operational concerns including any lawful order by government authorities without any form of prior notice. You recognize that upon termination of this Agreement for any reason, You will not be able to use, enjoy or access any of the WebFone Service/s. The termination of this Agreement shall be without prejudice to our right to recover any claim, fees or payments which accrued prior to the termination of the Agreement.
18) CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the Philippines. Any action relating to this Agreement must be filed in the courts of Makati City, to the exclusion of all other courts. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We however, reserve the right to terminate the Agreement in the event a particular provision is void or unenforceable and such provision is, in our sole and reasonable opinion, material to the provisioning of the WebFone Services. PLEASE CEASE USING WEBFONE IF THE LAWS OF YOUR DOMICILE OR RESIDENCY PROHIBIT YOU FROM USING THE SAME.
For your convenience, you may browse and read our FAQ at https://customer.wcc.ph.
20) GENERAL TERMS
This policy does not apply to the practices of companies that SysNet does not own or control, or to people that SysNet does not employ or manage.
SysNet collects personal information such as name, birthday, gender, telephone number and email address through the following:
SysNet may combine information about you that we have with information we obtain from business partners or other companies.
SysNet shall process your personal data including sensitive and personal information under the applicable data privacy laws exclusively for the following purposes:
If you would like to obtain information on these recipients, please visit: [insert link to the list of affiliates, subsidiaries, contractors, agents, third party service providers of SysNet.]
SysNet is committed to the protection of your privacy relating to your personal data and has adequate measures in place to secure said data. If your personal data is shared with any subsidiary, affiliate, subcontractor, partner or third party in the provision of the services, there will be processes to ensure that such third parties comply with the same data security obligations as SysNet.
Any personal data supplied by you and retained by SysNet or third parties is prohibited from being transferred to a location outside of the Philippines unless such transfer is with your consent and the transferred personal data receives a standard of protection comparable to the protection provided by SysNet and under applicable data privacy laws.
You are afforded certain rights in relation to your personal data, including the right to object to processing, the right to access, the right to rectification of inaccurate data, the right to erasure or blocking of data, as well as the right to lodge a complaint before the National Privacy Commission. For more information on your rights and how you may exercise them, please contact our Data Protection Officer via email or post at the contact details provided below.
Email: [please provide e-mail address of SysNet DPO]
Postal address: 7th Floor, V.A. Rufino Bldg.,6784 Ayala Ave. Makati City, Philippines 1226
If any data held by us concerning you is incorrect, we will correct it upon your written request. For the purpose of updating or correcting such data, you may at any time, send your request in writing to our Data Protection Officer, at the email or postal address stated above. We reserve the right to charge an administration fee for processing such request.
You may opt-out from receiving marketing material and/or communications from SysNet and its relevant business partners and third party service providers. At the same time, you may resume receiving the same (if you have previously opted-out of receiving such material and/or communications) by making a written request to our Data Protection Officer.
SysNet may update this policy at any time. We will notify you about significant changes by placing a notice on our website or by sending a notice to the primary email address or mobile number specified in your account.Close